Legal Question in Disability Law in Massachusetts

Can I be fired while on short term disability?

I've been placed on short term disability due to a medical problem that is causing poor job performance. Prior to going on std, I was told that I was going to be terminated at the end of June, due to my performance. I would like to know what my legal rights are while on std. Can I be terminated? Can I be layed off? Do I retain company medical benefits so that I can continue my treatments? Do I have to pay COBRA costs or do I continue at the employee contribution price? Since they were going to terminate me for poor job performance, do they need to wipe the slate clean and give me another chance, once I'm released from std, to see if my performance is better after treatment?


Asked on 6/19/02, 1:48 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Can I be fired while on short term disability?

Your case is not easily evaluated based on the minumum facts you presented. If you received written notice that you were being fired before you applied for std, you may be out of luck. If after, you may have a claim for discrimination based on your disability.

Did you take a leave under the Family Medical Act prior to going on disability? If you were also on leave under the FMLA, you are entitled to your job back, but you are not paid during leave, although benefits continue.

Did you request reasonable accommodation for your disability before you applied for std, etc., etc . If no discrimination claim, then you have a problem unless you have a written contract of employment for a specific number of years.

Without that, you can be fired at any time for any reason or for no reason at all (unless you are a member of a union)whether you are on disability, workers comp or any other non-active status.

If you are fired and there is no discrimination, you come under COBRA.

Again, I do not have sufficient facts. You should consult a lawyer.

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Answered on 6/19/02, 5:28 pm


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